josejara2016, Author at PLUS Blog

About josejara2016

Jose is an attorney with over 20 years of ERISA and employee benefits law experience. In the field of employee benefits law, he provides innovative solutions to his clients by incorporating into his guidance a business and practical perspective. Jose has extensive experience in: - Guiding plan sponsors and fiduciaries through U.S. Department of Labor (DOL), Employee Benefits Security Administration (EBSA) – audits and investigations; and Office of the Solicitor – lawsuits. - Defending fiduciaries and boards of directors against ERISA class action litigation alleging breach of fiduciary duty (imprudent investments, employer stock, cash balance, excessive fees, delinquent employee contributions, ESOPS) - Advising on fiduciary responsibilities, plan fees and expenses, plan asset regulations, and ERISA prohibited transactions and exemptions - Correcting retirement plan errors under: the Internal Revenue Service, Employee Plans Compliance Resolution System (EPCRS), fiduciary violations under the DOL Voluntary Fiduciary Correction Program (VFCP), Annual Reporting failures under the DOL Delinquent Filer Voluntary Compliance Program (DFVCP) - Handle Withdrawal Liability Arbitrations and advise on Controlled Group and Affiliated Service Group, Plan Funding, and PBGC issues In the professional liability insurance arena, Jose advises on D&O, Fiduciary, and EPL insurance issues. As a former claims director at a major insurance carrier, he fully understands the triad relationship between the law firm, the client, and the insurance carrier and in litigation matters manages the relationships to produce optimal results for the trio involved. He has also acted as monitoring counsel and coverage counsel. Jose has provided advice to underwriters on a variety of provisions of the insurance policy and taught underwriters on spotting red flags and mitigating risks. Jose’s experience extends to advising his clients on a myriad of labor and employment issues, including, but not limited to: discrimination, retaliation, wrongful termination, restrictive covenants, exempt and non-exempt employees, over-time, and sexual harassment. He has also drafted employee handbooks and executive compensation agreements. Professional Affiliations - Leake and Watts Services, Inc., President of the Board of Directors - The Center for Family Support, Member of the Board of Directors - Benjamin N. Cardozo School of Law, Chairman of the Labor & Employment Alumni Group, Member and Officer of the Executive Committee of the Cardozo Alumni Association.

3 04, 2017

“You can’t always get what you want…” — and, in Some Cases, You Can’t Get a Court to Declare that the Defendant is an ERISA Fiduciary

By josejara2016|2017-03-29T10:23:54-05:00April 3, 2017|Fiduciary, Guest Blog|0 Comments

To avail themselves of the protections of the Employee Retirement Income Security Act (“ERISA”), plaintiffs must prove, as a threshold matter, that the defendant was a fiduciary. If plaintiffs are successful in meeting their burden, the fiduciary is subject to the mandates of ERISA, which requires it to perform certain duties (the highest duties known to law) vis-à-vis a pension plan’s participants and beneficiaries. Simultaneously, ERISA’s prohibited transaction provisions (describing what a fiduciary cannot do) are triggered. Pursuant to ERISA, a fiduciary can be a named fiduciary by an employer sponsoring the plan. Alternatively, one can become a fiduciary simply [...]

12 01, 2017

“I will get by, I will survive…” — Age Discrimination Case Survives Summary Judgment

By josejara2016|2017-01-11T11:05:19-06:00January 12, 2017|EPLI, Guest Blog|1 Comment

Given that baby boomers are living longer and wanting to work past the usual retirement age, and that 40 is the new median age in the United States, companies should expect to see an uptick in age related claims. A recent federal district court decision serves as a refresher course on age discrimination in the context of a failure to promote. In Gonzalez-Bermudez v. Abbott Labs. PR Inc., 2016 U.S. Dist. LEXIS 140536 (D.P.R. October 9, 2016), the United States District Court for the District of Puerto Rico denied the Defendant’s motion for summary judgment on the Plaintiff’s claim under [...]

22 08, 2016

“And if the Wind is Right You Can Sail Away and Find Tranquility…” – Unless You Are Forced to Litigate in an Unwanted Forum!

By josejara2016|2016-08-22T13:28:40-05:00August 22, 2016|D&O, Fiduciary|0 Comments

This is the first post by PLUS Blog contributor José M. Jara, a partner at FisherBroyles, LLP. Mr. Jara has over 20 years of ERISA and employee benefits law experience. In the field of employee benefits law, he provides innovative solutions to his clients by incorporating into his guidance a business and practical perspective. In addition, he understands the triad relationship between the law firm, the client, and the insurance carrier and in litigation matters manages the relationships to produce optimal results for the trio involved. He has also acted as monitoring counsel and coverage counsel. Over 20 years ago the Supreme Court found [...]